The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the Defendant committed the instant crime without being aware of the period of suspension of execution due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., as well as the fact that the Defendant committed the instant crime without being aware of the period of suspension of execution due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, considering all of the sentencing conditions stated in the arguments in this case, such as the Defendant’s confession of the crime, the Defendant’s mistake is divided into one another, the agreement is reached with the victim, the victim wants the Defendant’s prior wife, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.